The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-05-31
THEREAFTER !! ]. }; MURDER.
TRIAL OF NEwsIAN pnAos ALONG,

. | i =
TRIAL OF NEWMAN pRAGs ALONG
The State Finally Rests Its Case, and Test
mony for the Defense BsEln.-some
Evidence not Administering Imprln,
Of Tho Gun Stock Again. u
Special Dipa.eh 10 ne Initiliener.
NEw MAsrIssyILLR, W. VA, May SO.-
In the Newman murder trial to.da
Joseph Young was recalled. He is a CUR
smith. He opened a 45 calibre cartridp
the same as Is used in Newman g gun an
showed powder that came out OF the car,
ridge. The powder Is first class ..stee
grain" powder. II Ia only moderat
charge for q gun Of that calibre, Witnes
also produced the ball and shell Of In,
cartridge. Witness said he could not tel
the difference between this ball and th,
one that killed Baxter unlesa he would
weigh them. ! examined some one hun
dred and fifty guns owned in that neigh
6orhood alter this shooting at my shor
tnat come In for repair. ''i5t -
Uross.examined: We get as many gum
from Ohio to make and repair as We d.
from West Virginia. - =
At this point was discussed the admissa.
bility Of the evidence OF Woolsley Baxter
who, Captain Dovener said, would testify
that about two weeks before the killing
Jacob Baxter was plowing for wheat back
and forth across a field with a hill.side
plow; one end Of the pillow row or furroy
came out at a woods; that Baxter was
plowing In the forenoon, but In the after.
noon he went to the mill, leaving Jack
o'Neill to plow for him. The boy Woolsley
was sgrubbing out some locust sprouts near
this fence. While so engaged that after.
noon he, Woolsley, saw John n. New.
man near him, in tho edge OF
the woods, lying down in a fence
corner with q gun sticking through the
fence; that John M. Newman as eoon as
he saw it Was Jack 0'Neill ploging and
saw the boy, and that ho was discovered,
got up, put his gun under his arm and
walked away. To the admisssbility of
this evidence the defendant by counsel
objected, and after n lengthy argument the
Court refused to allow this evidence. for
the reason that this act II proven did not
seem to be directed against Baxter, and
could not be evidence Of threat against
Baxter or an attempt upon his life.
At this stage Of the case the counsel for
the defense moved the court TO strike out
the testimony Of Mrs. Baxter and Miss
Missouri Hall as to their statements that
John NJ. Newman said in their presence
or hearing that he had shot Charles
Smith and that he intended to shoot
others. This threat was not made sgainst
Baxter, and consequently evidence Of it is
improper.
The question was reserved by the court
The State then rested its case.
THE DEFENSE OPENS,
William F. Moore, witness for the do.
Tense, said he lived On the hill about two
miles from the river in Proctor district,
IS Al years old, and has lived in Proctor
district all his life; lives about mile and
one-lourth from the Baxter residence in
an air line. I was at Ba1ter's house on
Sunday evening, the 3rd Of October, 1856.
! went home that evening and went back
to Baxter's the next morning. While
there l saw the Sheriff bring John NJ,
Newman. He also brought gun with
him. Witness was here shown The New.
man gun, and said it looked like the gun
brought by the Sheriff. believe l
saw Mr.. Wiley try TO fit the
gun in the mark in the ground, be was
trying to fit both the heel and toe OF The
gun stock in the imprint in the ground.
The imprint in the ground looked like the
r1rk OF the breech OF gun. In order TO
make the imprint think the gun ought
to have been lying down with the ham.
mer Of the gun up. 1t did not look to me
as ii that gun had made tho mark. but
can't tell what kind Of a mark 1t would
make in different positions unless saw it
tried. The imprint in the ground looked
to me like it WAS fourth or three.eighths
OF an inch deep. t1.-. i
Cross.eIamined; left Baxter's after
twelve O'Clock the night OF October 3.
1856. did not See anybody trampinp
around the apple tree that night, nor down
by the smoke house, nor down tho drain,
nor over the fence, nor through the woods.
| did not tramp there, neither did | hear
that any other person did tramp there.
Witness did not see the gun fit in the in.
dentation.
w. 5. Wiley Was sworn: | am a resi-.
dent OF Wetzel county and am Prosecn.
ting attorney. l WAS at Bsxter's on the
ith OF October, 1855; it was about l O'Clock
when l got there. ! went with Sheriff
Slender. l was there when Slender
brought John Newman there. saw the
gun. l believe this to be the same gun. |
saw the indentation in the ground near the
apple tree. l told the Sheriff when he
started after Newman to bring the gun. |
got the gun from Slender when he re.
turned. | wanted to see II it fitted in the
lnden.ure. l took the gun and held il
over the imprint both 10 the aide and
heel side to satisfy my own mind in ref
erenco to the matter. did not nut IL in
the imprint for fear Of delscing it. 1t was
my judgment that tho breoch Of tho Gun
was too large the way | held it to tit the
indentation.
THE IMPRINT or TIE GUN.
Croes-exsmined-1 only held the gun
over the imprint. then got up and
handed it to Ed. Lit,nan and walked
away. After got away believe l said
thought the imprint wac too small. did
not disturb the imprint il any way either
in height, depth or width.
MeshHc ioho waa the next witness:
He said he lived in Proctor district, Wet.
eel county; has lived there rs years; lived
about one and one-half miles from Jacob
X. Baxter's house, also about one mile
from John NJ. Newmans. was at Jacob
4, Baxter's house the night be was killed,
got there between and 0 O'Clock. ii
stayed there till morning. l then went
home and came back about 0 o'clock the
4th Of October, 1856. | saw John M,
Newman there that day. The Sheriff
brought him there. I also saw the gun
the Sheriff brought the:s. l believe this
is the same gun examining the Newman
gnn). saw tho apple tree. also saw a
small mark in the ground near the
apple tree, cane mark or some
such mark. l did not see the gun
mark then, but did afterwards.